[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50018-50023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20535]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XY008


Fisheries of the Exclusive Economic Zone off Alaska; Application 
for an Exempted Fishing Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for exempted fishing permit.

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SUMMARY: This notice announces receipt of an exempted fishing permit 
(EFP) application from United Catcher Boats for pollock catcher vessels 
(CVs) using pelagic trawl gear in the eastern Bering Sea (BS) and Gulf 
of Alaska (GOA) to evaluate the efficacy of electronic monitoring (EM) 
systems in lieu of observers for at-sea monitoring of vessels for 
compliance with fishery management regulations. If granted, this EFP 
would allow approximately 49 pollock CVs and nine tender vessels to 
participate in the proposed EFP to evaluate whether the use of EM 
systems is a cost and operationally effective means for monitoring 
vessel compliance with catch and discard requirements. If issued, the 
EFP would be in effect during 2020 and 2021 for the pollock fishing 
seasons (both A and B seasons in the BS and A/B and C/D seasons in the 
GOA). Results from this proposed EFP are intended to inform future 
North Pacific Fishery Management Council (Council) analyses in 
consideration of a regulatory program to implement EM systems aboard 
pollock CVs using pelagic trawl gear in the BS and GOA as a compliance 
monitoring tool in these fisheries. This proposed project has the 
potential to promote the objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

DATES: Comments on this EFP application must be submitted to NMFS on or 
before October 9, 2019. The Council will consider the application at 
its meeting from September 30, 2019, through October 9, 2019, in Homer, 
AK.

ADDRESSES: The Council meeting will be held at the Land's End Resort, 
4786 Homer Spit Rd, Homer, AK 99603. The agenda for the Council meeting 
is available at https://www.npfmc.org. In addition to submitting 
comments at the Council meeting, you may submit comments on this 
document, identified by NOAA-NMFS-2019-0100, by any of the following 
methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0100, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the EFP application and the basis for a 
categorical exclusion under the National Environmental Policy Act 
prepared for this action are available from www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands (BSAI) 
and GOA under the Fishery Management Plan (FMP) for Groundfish of the 
BSAI Management Area (BSAI FMP) and the

[[Page 50019]]

FMP for Groundfish of the GOA (GOA FMP), respectively. The Council 
prepared the BSAI and GOA FMPs under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing the BSAI and 
GOA groundfish fisheries appear at 50 CFR parts 600 and 679. The FMPs 
and the EFP-implementing regulations at Sec.  600.745(b) and Sec.  
679.6 allow the NMFS Regional Administrator to authorize, for limited 
experimental purposes, fishing that would otherwise be prohibited. 
Procedures for issuing EFPs are contained in the implementing 
regulations.

Background

    The Council has been actively pursuing the development and 
implementation of EM technology in lieu of onboard observers for at-sea 
fishery monitoring for several years. In 2017, the final rule 
implementing Amendments 114 to the BSAI FMP and 104 to the GOA FMP 
established (1) a process for owners or operators of vessels using 
nontrawl gear, such as hook-and-line and pots, to request to 
participate in the EM selection pool and (2) the requirements for 
vessel owners or operators while in the EM selection pool (82 FR 36991, 
August 8, 2017). That program has demonstrated the ability of EM 
systems to improve cost efficiencies and provide more precise 
accounting for CVs that deliver to both shoreside processing facilities 
and to tender vessels. The Council is interested in attaining more 
precise estimates of bycatch in trawl fisheries. To achieve that, the 
Council's Trawl EM Committee, with approval from the Council, developed 
a Cooperative Research Plan for moving toward a regulated EM program 
for pollock CVs in the North Pacific. The Council's long-term vision of 
using EM more widely in the management of the BS and GOA pollock 
fisheries does not align with the current fishery regulations, thereby 
necessitating the need for an EFP to evaluate operational details of 
such a management program. The proposed EFP was developed specifically 
to evaluate the potential use of EM as a monitoring tool for compliance 
with fishery management regulations in the pollock pelagic trawl CV 
fleet. The expected results of the proposed EFP would provide valuable 
operational and cost information in evaluating their efficacy for the 
future implementation of such a program.

Pollock Fishery Sectors That Would Participate in the EFP

    Three sectors of pollock catcher vessels, the BS shoreside, GOA 
shoreside, and Western GOA tendering sectors, would participate in the 
proposed EFP. These groups are distinguished by area of operation, 
fishery management program, existing monitoring requirements, and 
delivery disposition.
    BS Shoreside Sector: Pollock CVs using pelagic trawl gear in the BS 
operate as a cooperative catch share program under the American 
Fisheries Act (AFA). The AFA is a limited access program for BS pollock 
implemented by statute in 1998 (Public Law 105-277, 16 U.S.C. 1851 
statutory note). Under provisions of the AFA individual vessel and 
cooperative allocations of both pollock and Chinook salmon can be 
transferred among fishery participants. CV operation types in the BS 
pollock fishery include CVs that deliver sorted catch to a shoreside 
processor or deliver unsorted codends to a mothership. CVs delivering 
unsorted codends to a mothership are exempt from observer coverage 
requirements and are not part of this EFP. The BS shoreside pollock 
fleet is comprised of approximately 81 CVs. CVs operating in this 
sector are in the full coverage category under the Observer Program, 
and are required to carry an observer on 100 percent of fishing trips. 
Of these CVs, approximately 24 also operate in the pollock fishery in 
the GOA. The BS pollock TAC is divided into two seasons: the A season 
(January 20 to June 10), with 45 percent of the sector's allocation, 
and the B season (June 10 to November 1), with 55 percent of the 
sector's allocation. There is no vessel trip limit in the BS and 
discards are considered to be limited.
    GOA Shoreside Sector: Pollock CVs using pelagic trawl gear in the 
GOA deliver catch to shoreside processors, and are managed on an area-
wide basis, rather than an individual vessel basis, within a limited 
access, derby-style fishery. CVs participating in the pollock fishery 
in the GOA are in the partial coverage category under the Observer 
Program, and observers are randomly deployed on selected trips at a 
specified coverage rate. Since 2013, the observer coverage rate for the 
GOA pollock fleet has ranged from 20-28 percent. The shoreside pollock 
fleet in the GOA is comprised of approximately 85 CVs, 30 of which 
operate in both the Central (NMFS Areas 620 and 630) and Western Gulf 
(NMFS Area 610). Currently, the Western and Central GOA pollock TAC is 
divided into four seasons: A season (January 20 to March 10); B season 
(March 10 to May 31); C season (August 25 to October 1); and D season 
(October 1 to November 1) with 25 percent of the TAC allocated to each 
of the four seasons. Pollock CVs in the GOA are subject to a 300,000-lb 
trip limit and any pollock harvested in excess of the trip limit must 
be discarded at sea.
    Western GOA Tendering Sector: A portion of the pollock CV trawl 
fleet in the Western GOA (WGOA) utilizes tender vessels to facilitate 
deliveries to shoreside processors. A tender vessel means a vessel that 
is used to transport unprocessed fish or shellfish received from 
another vessel to an associated processor. Therefore, tender vessels 
receive unprocessed and unsorted catch from a CV and transport that 
catch to a shoreside processor for processing. This operation reduces 
delivery time for CVs and reduces cost associated with traveling 
between the fishing grounds and port. One tender vessel usually serves 
multiple CVs. For pollock in the GOA, there is a tender trip limit of 
272 mt (600,000 lb) and tendering is prohibited east of 157[deg]00' W 
longitude. Tendering occurs primarily in Area 610, where the pollock 
fishery is prosecuted mainly by smaller CVs (<60 feet), which benefit 
greatly from the efficiency offered by tenders. The tender vessels in 
this area primarily deliver to Sand Point and King Cove. To a lesser 
degree, tendering also occurs in the western portion of Area 620 for 
transport to Sand Point, King Cove, or Akutan and occasionally to Dutch 
Harbor.

Recordkeeping and Reporting

    Recordkeeping and reporting regulations are found at 50 CFR 679.5. 
These regulations outline landed catch and at-sea discard reporting 
requirements for shoreside processors, tender vessels, and CVs using 
trawl gear as well as requirements for vessel logbooks (paper or 
electronic). Under the current management program, a vessel's catch 
(landed harvest) is determined by the NMFS Alaska Regional Office using 
data collected through fish tickets (landing reports) generated at the 
shoreside plant or tender where the delivery is made (eLandings reports 
for CV deliveries to plants and tLandings reports for vessel deliveries 
to tenders). At-sea discards for CVs are estimated using observer data. 
Trawl CVs less than 60 feet are exempt from logbook requirements.

Retention and Discard Requirements of the BS and GOA Pollock Pelagic 
Trawl CV Fisheries

    Pollock CVs using pelagic trawl gear operating in the BS and GOA 
represent a substantial portion of Alaska's Federal fisheries, 
comprising over 100 CVs (ranging in length from 58 feet to 200 feet, 
with BS CVs generally being larger with greater hold capacity than GOA

[[Page 50020]]

CVs). Improved retention/improved utilization (IRIU) regulations 
require that all pollock be retained when open to directed fishing and 
up to the maximum retainable amount (MRA) when closed to directed 
fishing, except in the GOA when the CV pollock trip limit of 300,000 lb 
(600,000 lb for tender vessels) is exceeded. Incidental catches of 
other groundfish species (e.g., rockfish) may be retained (or discarded 
if the operator chooses) by a vessel up to an MRA, which is species-
specific and outlined in regulation. Incidental catches in excess of a 
specified MRA must be discarded. Where they do occur, the majority of 
discards in the BS and GOA pollock fisheries are a result of regulatory 
requirements related to incidental groundfish species MRAs, prohibited 
species catch (PSC), or the GOA pollock trip limit. MRAs themselves do 
not require a vessel to retain a species or lower discard rates, but 
instead lead to a discard requirement when incidental catches of 
species subject to MRAs exceed the allowable amount at a given time. 
With the exception of salmon, BS and GOA trawl CVs are required to 
discard all prohibited species, with minimal harm to these species. 
Prohibited species are identified as such, because they are the target 
of other fully utilized domestic fisheries. Prohibited species include 
Pacific halibut, salmon, crab, and Pacific herring caught incidentally 
during their pollock operations. For other incidental groundfish 
species, when the total harvest amount (from all directed fishing and 
incidental catch) approaches or reaches the annual TAC or allocation of 
a TAC for that species, regulations at 50 CFR 679.20(d)(2) prohibit 
retention of that species when they are placed on prohibited species 
status (for the fisheries with incidental take) and any catch must be 
discarded at sea. This is done to avoid overfishing. Because CV 
operations make it difficult to sort out and discard every single 
prohibited species at sea, these species will occasionally end up in a 
vessel's fish hold and be delivered to a shoreside processor. For 
pollock CVs using pelagic trawl gear, all retention and discard 
requirements are currently monitored and recorded by observers; 
however, the BS and GOA have different onboard observer coverage 
requirements. These requirements can be found at subpart E of 50 CFR 
part 679.

National Fish and Wildlife Funded EM Pilot Projects

    Beginning in 2019, two projects funded through the National Fish 
and Wildlife Foundation (NFWF), initiated a Pilot Study of deploying EM 
aboard vessels in the pollock pelagic trawl fisheries that 
simultaneously carried observers. Vessels participating in the project 
include BS-only and GOA-only CVs delivering to shoreside processors, 
CVs that fish in both the BS and GOA and deliver shoreside, WGOA CVs 
delivering to tenders and shoreside processors, and WGOA tender 
vessels. The work from these two projects has allowed for initial 
feasibility testing of EM systems aboard pollock CVs using pelagic 
trawl gear and tender vessels in the BS and GOA. The projects provide 
the opportunity to collect baseline EM data for comparison of discard 
estimates from onboard observers versus EM systems. The applicants for 
the proposed EFP would compare the baseline EM data results from the 
two NFWF projects to data collected under this proposed EFP, with 
emphasis on the accuracy of EM capturing discard events and identifying 
discarded species.
    Preliminary video review data for the BS and GOA shoreside 
component indicate that discard estimates (all species combined) 
generated from EM systems are higher when compared to discard estimates 
from both vessel observers and vessel logbooks (the WGOA tendering 
component has not received enough video data to draw a preliminary 
conclusion about discard estimate comparisons to logbooks). The NFWF 
projects have also highlighted that one of the primary issues facing 
the use of EM in the BS and GOA shoreside sector is the inability to 
estimate discard weights by species.

Exempted Fishing Permit

    On July 26, 2019, United Catcher Boats submitted an application for 
an EFP to evaluate the use of EM systems in the BS and GOA on pollock 
CVs using pelagic trawl gear. The application includes a proposal to 
assess the efficacy of EM for monitoring compliance with a full salmon 
PSC retention requirement and of identifying key decisions related to 
successfully making EM operational for compliance monitoring. The 
objective of the EFP is to determine whether utilizing camera systems 
in lieu of onboard observers proves both cost effective and 
operationally effective for monitoring of catch and discards. To this 
end, the proposed EFP seeks to achieve the following specific 
objectives, derived from the Council's EM Cooperative Research Plan:
     Demonstrate that maximized retention can be achieved in 
pollock trawl CV fisheries.
     Demonstrate that at-sea observers can be replaced with 
observers at shoreside processing plants such that data needs and data 
streams for effective fisheries management are maintained.
     Demonstrate that EM camera systems can adequately capture 
discard events and that video data can be used to verify vessel logbook 
discard information for compliance monitoring purposes.
     Improve salmon bycatch accounting for CVs, especially for 
those delivering to tender vessels, through the use of EM camera 
systems that will enable shoreside observers to collect salmon bycatch 
census data.
    Results from this EFP are intended to inform the Council's Trawl EM 
Committee and future Council analyses in consideration of implementing 
EM aboard pelagic pollock CVs in the BS and GOA as a compliance 
monitoring tool in these fisheries.

Proposed Exempted Fishing Operations

Study Area, Timing, and Participants

    The proposed EFP would apply to the BS and the GOA (NMFS areas 610, 
620, 630 and 640). The proposed EFP would be issued for two years, 
covering the full 2020 and 2021 pollock fishing years (both A and B 
seasons in the BS and A/B and C/D seasons in the GOA). In the BS, all 
pelagic pollock fishing under all seasons by participating vessels 
would be considered EFP fishing (i.e., no specific trips would be 
identified as EFP trips and vessels would not need to notify NMFS that 
they are beginning or ending an EFP trip). For the GOA, vessels would 
select EFP and non-EFP trips through the Observer Deploy and Declare 
System (ODDS); EFP trips would only be allowed for Federal pelagic 
pollock trips.
    For 2020, 49 pollock CVs (28 BS/GOA component and 21 WGOA 
component) and nine tender vessels would be expected to participate on 
a voluntary basis in the proposed EFP. These numbers are subject to 
change and would be confirmed prior to final submission of the EFP. An 
expansion of participating vessels would be considered for 2021 based 
upon information learned during the first year of the proposed EFP. 
Catcher/processors and CVs that deliver to motherships are not eligible 
to participate.

Observer Coverage

    For the BS and GOA shoreside component of the proposed EFP, 
specified pollock CVs in the BS would be exempted from the 100 percent 
requirement for at-sea observer coverage (full coverage category). For 
any non-pollock directed fishing trips (e.g., Pacific cod), these BS 
CVs would either

[[Page 50021]]

log trips in ODDS for the partial coverage sector or opt into the 
voluntary 100 percent observer coverage system. In the GOA, CVs fishing 
under the EFP would be placed in a zero selection pool under ODDS 
established for partial coverage fisheries, such that these vessels 
will continue to pay the 1.25 percent observer coverage fee, but would 
not be selected for observer coverage. These two approaches would apply 
as necessary to those CVs that operate in both areas, depending upon 
which area they are fishing in. Under ODDS, these vessels would be able 
to log an EFP trip (for pollock) or a non-EFP trip (for other target 
fisheries) and would be able to log up to three trips (any combination 
of EFP or non-EFP), as well as cancel trips when necessary. While these 
vessels would be allowed to simultaneously carry both pelagic and non-
pelagic trawl gear, they would not be allowed to deploy or use the non-
pelagic trawl gear for fishing trips logged as part of the EFP. All 
participating BS and GOA CVs would be exempted from the area-specific 
discard requirements while conducting fishing under the EFP.
    For the WGOA tendering sector, CVs directed fishing for pollock 
under the EFP would be placed in a zero selection pool under the ODDS 
system established for partial coverage fisheries, such that these CVs 
would continue to pay the 1.25 percent observer coverage fee but would 
not be selected for observer coverage. Under ODDS, these CVs would log 
an EFP trip (for pollock) or a non-EFP trip (for other target 
fisheries) and would be able to log up to three trips (any combination 
of EFP or non-EFP) as well as cancel trips when necessary. While these 
vessels would be allowed to simultaneously carry both pelagic and non-
pelagic trawl gear, they would not be allowed to deploy or use the non-
pelagic trawl gear for fishing trips logged as part of the EFP. All 
participating CVs in the WGOA would be exempted from the area-specific 
discard requirements while fishing under the EFP. Tender deliveries 
received from CVs with EM under the proposed EFP would not be mixed 
Pacific cod and pollock catch (i.e., the EFP tender vessel must receive 
only deliveries from CVs directed fishing for pollock using pelagic 
trawl gear) and all shoreside deliveries of EFP catch made by 
participating tender vessels would be delivered to shoreside plants 
with an observer.

Tender Provisions

    In order to accurately track catch delivered by a tender and to 
estimate salmon bycatch in the tender sector, all participants 
utilizing tenders would be required to adhere to the following 
provisions:
    1. If an EM CV selects an EFP trip in ODDS, they must deliver to an 
EM EFP tender.
    2. EFP tenders that accept EFP catch cannot also accept non-EFP 
catch during the same trip, until EFP catch has been offloaded 
shoreside.
    3. Tenders cannot mix EFP catch from different NMFS reporting areas 
in the same trip.
    4. EFP tenders (and EFP shoreside CVs) must completely offload EFP 
catch at a single processing plant (no partial offloads).

Electronic Monitoring Systems

    All participating vessels would carry an EM system (cameras and 
associated sensors) for compliance monitoring purposes and would be 
required to comply with catch handling and species retention 
requirements, reporting requirements, and other conditions of the 
permit as identified. In order to test the feasibility of employing EM 
for compliance monitoring, full camera and recording systems would be 
deployed upon participating CVs and tender vessels. EM is intended to 
accurately capture discard events (i.e., whether a discard has 
occurred), the amount of discard (i.e., estimated volume in weight), 
and any rare events (e.g., large animals, gear failure) that may occur. 
Camera placement would be customized for each vessel to ensure 
recording of such discard. The EM camera systems would be strategically 
placed at key locations aboard a vessel to ensure all catch can be seen 
within camera view from the time the catch reaches the vessel until it 
is either put into the vessel's hold, transported aboard a tender 
vessel, returned to the water, or offloaded to a shoreside processing 
facility. Hydraulic sensor pressures will be used to turn the camera 
video recording on and off in conjunction with fishing activity. The EM 
system would be turned on as soon as the vessel unties from the dock, 
but video recording would not be required to be initiated while the 
vessel is initially transiting to the fishing grounds. Once the first 
set is initiated the video recording would be initiated and remain on 
throughout the entirety of the offload for CVs delivering to tenders 
and shoreside processors in the WGOA component. For CVs delivering to 
shoreside processors in the BS and GOA component, video recording would 
also be initiated with the first set and remain on for the entire trip 
until two hours after the vessel enters the pre-defined port area.

Catch Accounting

    Under the proposed EFP, EM would not be directly utilized for catch 
accounting purposes; accounting of a vessel's catch would be done via 
fish tickets (eLandings reports), and a census of the Chinook salmon 
PSC would be completed at the shoreside processing facility via a 
shoreside plant observer. Fish tickets and observer data from all EFP 
fishing would be incorporated into NMFS's catch accounting system.

Vessel Monitoring Plans (VMPs)

    A vessel-specific VMP would be developed for each vessel 
participating in the EFP, outlining EFP requirements and vessel 
operator responsibilities, documents the location and purpose of all 
installed EM camera system components, and describes specific catch 
handling and discard locations. Camera function and logbook 
requirements would also be detailed. Malfunction Protocols would be 
included detailing the specific steps a vessel must take if an 
equipment malfunction were to occur at the dock or at sea. These 
Malfunction Protocols would also designate how long a vessel will be 
expected to remain in port to facilitate a repair that needs to occur 
if a repair cannot be completed within the designated time frame.

Vessel Participation and Responsibilities

    Participating vessels would be required under the provisions of the 
EFP to agree to requirements of the EFP prior to participation and to 
maintain regular contact and communication with the EFP permit holders, 
EM service providers, EM reviewers, and NMFS staff as necessary. 
Participating vessels would be required to have a functioning EM system 
to participate in the proposed EFP and would be required to adhere to 
the VMP. For pre-trip preparation, participating vessels would work 
with the EM provider to develop a written plan that includes detailed 
information on the placement of all cameras on the vessel and the 
criteria the EM system must meet per its VMP and pre-season function 
test (required test to demonstrate an EM system is collecting proper 
data). The vessel would be responsible for completing a system function 
test and ensuring all critical systems are operational before leaving 
port. The vessel would be required to immediately report EM System 
issues and critical malfunctions to the service provider. Service 
providers would work with the vessel to resolve any critical issues 
while the vessel is at sea, and if the issue could

[[Page 50022]]

not be resolved at sea, the service provider would work directly with 
the vessel to schedule service in port. All service issues and 
communications would be reported to the EFP permit holders. NMFS and 
the EFP applicants would work to develop specific provisions detailing 
circumstances under which cessation of pollock fishing under this EFP 
would be required. This would be included as a component of each 
participating vessel's VMP. Any egregious violations of the proposed 
EFP, as specified under the terms of the EFP, would result in the 
permanent exclusion from participating in the EFP by the vessel in 
question.
    VMPs would include detailed requirements for post-trip EM data 
transmission and review. Upon the completion and delivery of EFP 
pollock fishing trips, vessel captains would mail video hard drives and 
provide copies of their logbook pages to the designated video reviewer. 
After review, fisheries discard data would be transmitted through the 
AKFIN database to the NMFS Alaska Regional Office through a modified 
data channel stream that is currently being utilized for the Alaska 
fixed gear EM fishery. Transmission of this fisheries discard data 
would allow NMFS to determine discrepancies between vessel reported 
discard estimates and EM reviewer discard estimates. Video data 
collected under the proposed EFP would be treated akin to observer data 
such that video data is reviewed and stored to maintain its 
confidentiality. After video and logbook data entry and review, summary 
reports will be generated providing detailed information on industry 
self-reported discard data (via logbooks) and review of EM haul data to 
verify compliance with salmon record keeping and reporting regulations.
    Species Retention: This proposed EFP would exempt the participating 
vessels from discard requirements. Participating pollock trawl CVs in 
the BS and GOA will operate as a maximized retention fishery such that 
all catch, with few exceptions, must be delivered to a shoreside 
processor or a tender vessel. These exceptions may include:
     After catch is stowed below decks, the remaining pollock 
that is removed from the deck and fishing gear during cleaning and 
other similar vessel operations;
     Large individual marine organisms, such as fish species 
longer than six feet in length, provided the species and the reason for 
discarding are properly recorded in the vessel logbook; and
     Unavoidable discard of catch resulting from an event that 
is beyond the control of the vessel operator or crew, provided each 
species, the estimated quantity discarded of that species, the location 
of the tow, and reason for discarding are all recorded in the logbook.

Shoreside Plant Observations and Biological Samples

    The applicant proposes replacing at-sea observers with EM systems, 
which would impact offloading monitoring operations at shoreside 
processing facilities. Under the proposed EFP, responsibilities 
associated with the collection of pollock biological samples, normally 
taken by at-sea observers, would shift to observers at the shoreside 
plant. The current pollock trawl CV observer sampling scheme for 
pollock biological data will continue to be followed by observers 
aboard BS and GOA pollock trawl CVs not participating in the proposed 
EFP.
    Under the proposed EFP, all pollock deliveries in the BS from those 
CVs participating in the EFP would be made to shoreside processing 
facilities with an additional dedicated plant observer to ensure 
precise Chinook salmon PSC accounting and the collection of biological 
samples. This would ensure that individual vessel-level accountability 
for both Chinook salmon and pollock (as established under the 
cooperative management program) would be maintained. Shoreside pollock 
deliveries in the GOA from all CVs and tender vessels participating in 
the EFP would be sampled by a plant observer at a rate that results in 
30 percent of the total EFP shoreside deliveries being monitored. This 
monitoring rate is higher than rates achieved for the GOA trawl partial 
observer coverage sector in the years 2013 through 2018, is equal to 
the desired monitoring rate for the EM fixed gear sector,\1\ and will 
result in 100 percent salmon census at the trip level. For these 
shoreside deliveries, the processing facility would report the 
individual ODDS trip number (from the catcher or tender vessel's 
logbook) on the fish ticket generated for each participating EM CV 
delivery they receive (regardless of whether there is a plant observer 
present).
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    \1\ Alaska Fisheries Science Center and Alaska Regional Office. 
2019. North Pacific Observer Program 2018 Annual Report. AFSC 
Processed Rep. 2019-04, 148 p. Alaska Fish, Sci, Cent., NOAA, Natl. 
Mar. Fish. Serv., 7600 Sand Point Way NE, Seattle, WA 98115.
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    At the shoreside processing facilities with an additional plant 
observer per the EFP, a random sampling scheme would be developed and 
approved by NMFS for the collection of pollock biological samples (sex, 
length, weight, and otoliths). The EFP applicants propose that 
developing a statistically robust sampling scheme will allow for an 
entire vessel's catch to be sampled at the plant rather than only from 
the sampled vessel hauls. In this way, a straightforward random 
sampling scheme at the plant with easier access to the entire catch may 
allow for more statistically robust data.
    Under the proposed EFP, Observer Program protocols for Chinook and 
chum salmon accounting and salmon biological data collection in both 
the BS and GOA would remain the same.\2\ The monitoring of the offload 
for salmon is referred to as the offload salmon retention count. While 
the offload sampling duties are different for observers dependent on 
region\2\ (BS or GOA), a full accounting of salmon is required in both 
areas. All non-salmon species catch information would be transmitted to 
NMFS via landing reports (fish tickets). Salmon retention data (census 
counts) collected by the shoreside plant observer would be used by NMFS 
for inseason management purposes.
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    \2\ https://www.fisheries.noaa.gov/resource/document/north-pacific-observer-sampling-manual.
---------------------------------------------------------------------------

Exemptions

    To meet the proposed EFP's objective, exemptions from regulations 
that currently prevent full or maximized retention of all catch and 
observer coverage requirements are necessary. The requested exemptions 
from the following regulations would allow participating vessels to 
achieve maximized retention for all harvested species (i.e., minimize 
discards to the greatest extent practicable):
     The regulations at 50 CFR 679.7(a)(16) and 679.20(e) that 
require a vessel to discard specific species after an MRA has been 
reached in the BS and GOA.
     The regulation at 50 CFR 679.7(b)(2) that requires a CV to 
discard pollock after the vessel has reached the 300,000 lb trip limit.
     The regulation at 50 CFR 679.20(d)(2) that prohibits 
retention of a species when they are placed on prohibited species 
status (for the fisheries with incidental catch) such that any catch 
must be discarded at sea.
     The regulation at 50 CFR 679.20(d)(1)(iii) that states a 
vessel may not retain incidental species in an amount that exceeds the 
MRA when directed fishing for that species is prohibited.
     The regulation at 50 CFR 679.21(a) that requires a vessel 
operator engaged in directed fishing for groundfish, including pelagic 
pollock, in the GOA

[[Page 50023]]

or BSAI to minimize catch of prohibited species and, with the exception 
of salmon which has a 100 percent retention requirement, discard all 
PSC at sea with a minimum of injury (note that halibut would already be 
exempt due to the Prohibited Species Donation Program).
    The requested exemption from the following regulation would allow 
the EFP to fully test the use of EM as a compliance monitoring tool for 
ensuring that no salmon are discarded at sea:
     The regulation at 50 CFR 679.51(a)(2) that requires a CV 
directed fishing for pollock in the BS to carry an observer at all 
times.
    The EFP applicants requested an exemption from the following 
regulation in order to provide critical flexibility at the shoreside 
plant as the EFP applicants work to coordinate the necessary number of 
shoreside observers under all potential EM delivery scenarios, 
especially under the first year of the EFP.
     The regulation at 50 CFR 679.51(a)(2) (iii) that states 
the time required for an observer to complete sampling, data recording, 
and data communication duties may not exceed 12 consecutive hours in 
each 24-hour period.

Permit Conditions, Review, and Effects

    If the proposed EFP is granted, required vessel information for 
participating CVs and tender vessels, as well as shoreside processors 
for the BS and GOA and WGOA components, would be provided to NMFS prior 
to the start of EFP fishing for 2020.
    The EFP permit holders would be required to be submit to NMFS a 
written interim report prior to the first 2021 Council meeting and a 
final report prior to the first 2022 Council Meeting for review and 
consideration by the NMFS Alaska Region and the Council. These reports 
would address the four objectives of the EFP noted in the Exempted 
Fishing Permit section of this notice. The report would include an 
analysis of the metrics listed in the EFP application to evaluate the 
success of the EFP in achieving the objectives of the EFP and the 
Council's EM Cooperative Research Plan as a compliance monitoring tool 
in the BS and GOA pollock trawl CV fisheries. The evaluation of success 
in meeting those objectives using those metrics would include a 
seasonal component to provide a broader overview of the resulting 
behaviors of participating vessels. Data and information from the 2019 
NFWF Pilot Study would be used as a baseline for comparison between EM 
and observer monitoring. These reports would inform future Council 
analyses in consideration of implementing EM aboard pelagic pollock CVs 
in the BS and GOA as a compliance monitoring tool in these fisheries.
    The data collection conducted under this EFP is not expected to 
have a significant impact on the human environment as detailed in the 
categorical exclusion prepared for this action (see ADDRESSES). Fishing 
operations (area fished, effort, gear used) are not expected to change 
under the proposed EFP, and current fishing strategies and practices 
are expected to continue. Impacts to the biological and physical 
environment are not expected to change and will likely be similar to 
those realized under current fishing operations. No additional 
groundfish or PSC (salmon, halibut, crab, or herring) is being 
requested as part of this EFP application.
    In accordance with Sec.  679.6, NMFS has determined that the 
application warrants further consideration and has forwarded the 
application to the Council to initiate consultation. The Council is 
scheduled to consider the EFP application during its October 2019 
meeting, which will be held at the Land's End Resort, Homer, AK. The 
EFP application will also be provided to the Council's Scientific and 
Statistical Committee for review at the October Council meeting. The 
applicant has been invited to appear in support of the application.

Public Comments

    Interested persons may comment on the application at the October 
2019 Council meeting during public testimony or until October 9, 2019. 
Information regarding the meeting is available at the Council's website 
at https://www.npfmc.org. Copies of the application and categorical 
exclusion are available for review from Regulations.gov (see 
ADDRESSES).
    Comments also may be submitted directly to NMFS (see ADDRESSES) by 
the end of the comment period (see DATES).

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 18, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20535 Filed 9-23-19; 8:45 am]
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